Monday, March 31, 2008

According to the International Herald Tribune, "New President Raul Castro's government has lifted a ban on Cubans staying at hotels previously reserved for foreigners, ending another restriction that had been especially irksome to ordinary citizens.'They have informed us that with a national ID card, anyone can stay here,' an employee at the Ambos Mundos Hotel in Old Havana. She insisted on anonymity because she is not authorized to speak to foreign reporters, but said non-guests who are Cuban nationals will also be allowed to pay to enjoy other hotel services, including gyms." Read more>>

Friday, March 28, 2008

As stated today by the EU Press Room, "On 21 December 2007, Estonia, the Czech Republic, Lithuania, Hungary, Latvia, Malta, Poland, Slovakia and Slovenia became part of the Schengen area. On Sunday 30 March 2008 at 0:00, the enlargement process will be completed by lifting air border controls between these countries and with the 15 states that were already part of the Schengen system.Vice-President of the European Commission, Jacques Barrot declared: 'The dismantling of air border controls is the final step toward completion of a unique and historical achievement: 24 countries of the EU have no internal borders. The Commission pays tribute to those Member States that have put in place state of the art security systems and special 'Schengen terminals' at their airports. The enlargement of the Schengen area demonstrates the EU's commitment to facilitating legitimate travelling within and into the EU whilst at the same time improving the security of Europe's external borders'."

Thursday, March 27, 2008

The open skies agreement between the US and the European Union goes into effect this weekend. But more choices and cheaper fares for travelers may be a little ways off, analysts say.The agreement between the United States and the European Union is to take effect on Sunday, March 31, and will end most restrictions on US and EU airlines' ability to fly between the two continents. Different air carriers will be allowed to depart or land at various locations on both continents.The concept of the open market dictating flight routes between the Europe and the US originally held the promise of cheaper airfares and more choices for travelers, but analysts say the turmoil in the US economy and the airline industry may prevent immediate benefits.

Fourteen small white boxes with green glowing screens were installed this week at customs booths around John F. Kennedy International Airport here.Now, in addition to handing over a passport to Customs and Border Protection agents, every noncitizen visitor has to place all four fingers and thumb from each hand on the glowing screen. Within seconds, CBP has their 10 digital fingerprints on file.This expanded effort to collect fingerprints of noncitizen visitors is part of a national test of improved biometrics technology that the Department of Homeland Security hopes will make it harder for people with forged documents or criminal pasts to enter the United States. Eventually, they hope to use this technology to ensure that foreign visitors who come leave when their visas have expired.

Wednesday, March 26, 2008

Easyjet, will mount a legal challenge over the stiff price increases imposed at Heathrow and Gatwick. A judicial review of the Civil Aviation Authority (CAA) decision could threaten the planned refinancing of BAA, the company that owns and operates the London hubs.Easyjet has retained London law firm Lane & Partners as its adviser and informed the CAA and BAA nine days ago of its intention to seek a judicial review. It is expected to formalise a claim to the High Court within a month. If the court accepts it has a case, arguments could take another six months, with a decision possible by the end of the year, legal sources said.Ryanair said yesterday that it would join the action, and BMI British Midland is also expected to participate. Sir Richard Branson’s Virgin Atlantic is as yet undecided. British Airways is unlikely to take part.

The Air Transport Association has successfully challenged a New York state law that set minimum standards for treatment of airline passengers. The U.S. Second Circuit Court of Appeals ruled Tuesday that a federal law, the Airline Deregulation Act of 1978, preempts the ability of states to govern such matters:"We hold that requiring airlines to provide food, water, electricity, and restrooms to passengers during lengthy ground delays does relate to the service of an air carrier and therefore falls within the express terms of the ADA's preemption provision. (...) If New York's view regarding the scope of its regulatory authority carried the day, another state could be free to enact a law prohibiting the service of soda on flights departing from its airports, while another could require allergen-free food options on its outbound flights, unraveling the centralized federal framework for air travel. On this point, the decisions of the Fifth and Ninth Circuits finding preemption of state common law claims for failure to warn of the risk of deep vein thrombosis are instructive. "

Monday, March 24, 2008

Carnival Corp., the world's largest cruise operator, defended a controversial fuel surcharge Thursday, a week after rival Royal Caribbean Cruises Ltd. struck a deal with state officials to scale back its own fuel charge.In a conference call with analysts, Carnival Chief Financial Officer David Bernstein suggested that Royal Caribbean's deal with the state - in which Royal Caribbean agreed to refund $21 million worth of fees - should have no bearing on the fate of Carnival's fuel charge. "We believe that the facts and circumstances surrounding our existing bookings are different than Royal Caribbean's," Bernstein said.The controversy erupted in November, when Carnival announced it would begin levying a $5-a-day charge - up to $70 a passenger or $140 a stateroom - to cover skyrocketing fuel bills. The charge applied to any cruises sailing as of Feb. 1 - and even customers who had already booked their trips had to pay. Almost every other major cruise line, including Royal Caribbean, quickly followed suit with similar charges. Carnival and Royal Caribbean are both based in Miami.The decision to retroactively charge customers helped prompt Florida Attorney General Bill McCollum, a former Republican congressman from Longwood, to launch an investigation into whether the surcharges violated a 1997 agreement the cruise lines struck with the state requiring them to properly disclose charges within their advertised fares. Last week, McCollum's office announced a settlement in which Royal Caribbean and its subsidiary, Celebrity Cruises Inc., agreed to refund surcharges to any customer who had already booked their trips when the charge was announced. State officials said the decision affected an estimated 300,000 bookings and totaled $21 million in refunds. But Carnival's Bernstein said Thursday that Carnival had given passengers better warning about a potential surcharge than Royal Caribbean had. He said advertising brochures informed prospective customers of "the possibility that a fuel supplement could be assessed in addition to the advertised price, and that such a supplement would apply to all booked guests." The Attorney General's Office has said it does not think Carnival's brochures adequately disclosed the threat of such a charge.Carnival, which operates Carnival Cruise Lines, Holland America Line and Princess Cruises, among other brands, stands to lose $40 million if it is forced to wipe out the fuel surcharge on passengers who had already booked their trips when it was announced, Bernstein said. Carnival executives defended the surcharge on the same day they reported that first-quarter profit fell nearly 17 percent -- largely due to stratospheric fuel costs. The company said it earned $236 million, or 30 cents a share, during the three months that ended Feb. 29, down from $283 million, or 35 cents a share, during the same period last year. The results narrowly beat most analysts' estimates. Revenue rose 17 percent to $3.15 billion. Although executives reported strengthening prices for trips in the Caribbean, to which cruises from Port Canaveral typically sail, they also said onboard spending by passengers fell. As an example, Chairman and Chief Executive Officer Micky Arison said sales at onboard art auctions have been hit by the nation's stalled housing market. "If people aren't buying homes and decorating homes, they're likely to buy less art," he said. Vice Chairman and Chief Operating Officer Howard Frank likened the nation's economic climate to a "perfect storm" of falling home prices, credit turmoil, soaring fuel costs and a sinking U.S. dollar, among other factors. "It seems clear now that the slowing economy is having some impact on our bookings," he said.Jason Garcia can be reached at jrgarcia@orlandosentinel.com or 407-420-5414.More articles

Friday, March 21, 2008

When booking the package tour wheelchairbound plaintiff was informed that the chosen hotel was not equipped for disabled persons. Upon arrival she was assigned a ground floor room, but, however had to transcend two steps, there was one more step inside the room and again two steps to get on the terrace. There was no problem to enter the bathroom. Plaintiff needed staff support to enter or leave her room.Back from the journey she claimed for price reduction and compensation for loss of holiday enjoyment, stating she had not suffciently been informed about specific lacking wheelchair accessability.Austrian Supreme Court (OGH) confirmed the lower instances' view that the general information "hotel not equipped for disabled persons" was sufficient and tour operator had no further obligation to inform without specificly being asked. The claim was therefore dismissed.

Full text of decison 6 Ob 273/07a of 12.12.2007 available in German here>>.

An advert that promoted larger seats on Virgin Atlantic aircraft has been rapped following complaints to the Advertising Standards Authority (ASA). The adverts appeared in magazines and newspapers promoting Virgin’s Premium Economy class. They boasted an improved product with increased legroom and a separate cabin.Beneath a headline "Up to 45% off Premium Economy" and a picture of a Premium Economy seat was the slogan: "Bigger seats. More legroom. Separate cabin." The ads also carried a footnote explaining that the seats shown were available on 58 per cent of Virgin's Heathrow flights, and were due to be rolled out across the fleet.Following three complaints from Virgin passengers, the ASA investigated and finally ruled that the ads were misleading as few readers would read the footnote.

Vienna convention tourism set a new record in 2007. The number of conventions and similar events increased by 19 per cent to 2,764 last year. Overnights linked to them rose by 23 per cent to 1,419,044, and value added to the city economy went up by 30 per cent to 760 million Euros.Overnights by convention attendees constituted 14.7 per cent of all overnights in the city last year, and city officials hope that the percentage will rise to 15 per cent by 2010.The largest convention last year was that of the cardiologists in September, which attracted 33,000 visitors to the city.

Thursday, March 20, 2008

In 2006, following the privatisation of Aer Lingus by the Irish government, Ryanair acquired a 19.16% stake in that company. On 23 October 2006 Ryanair launched a public bid for the entire share capital of Aer Lingus and, one week later, notified the Commission of the proposed acquisition in accordance with the Community Merger Regulation1. During the bid period Ryanair acquired further shares and by 26 November 2006 held 25.17% of the share capital.On 27 June 2007 the Commission adopted a decision declaring the acquisition to be incompatible with the common market. Ryanair brought an action against that decision before the CFI (Case T-342/07). Following this decision Ryanair acquired further shares, bringing its total shareholding to 29.4%.Both during the procedure that led to the Prohibition Decision, and subsequent to that decision, Aer Lingus asked the Commission to order Ryanair to divest itself of its shareholding in Aer Lingus. This request was refused by the Commission in a decision of 11 October 2007, stating that it was not within its power under the Merger Regulation to order such a divestiture where the intended acquisition had not been implemented and where Ryanair had only a minority shareholding which did not permit it to exercise de jure or de facto control over Aer Lingus.On 19 November 2007 Aer Lingus lodged an action for annulment against that decision before the Court of First Instance. Simultaneously, Aer Lingus filed a request for interim measures, requesting, in essence, that Ryanair be ordered to refrain from exercising its voting rights in Aer Lingus pending the outcome of the case.As neither the condition of a prima facie case, nor the condition of urgency has been satisfied, the President of the Court of First Instance has dismissed the request by order of 18. March 2008.

Friday, March 14, 2008

In 1999 the tanker Erika shipwrecked off the Brittany coast . The heavy fuel oil spilled in the accident polluted amongst other things beaches in the Commune of Mesquer, which is now claiming damages from undertakings in the Total Group.In preliminray proceedings regarding interpretation of Council Directive 75/442/EEC of 15 July 1975 on waste (‘Waste Framework Directive’) lodged by French Cour de Cassation (Case C-188/07, Mesquer v Total), Advocate General Kokott yesterday published her opinion arrving at the following conclusion:"The producer of heavy fuel oil and/or the seller and carrier may be ordered under Article 15 of Directive 75/442 to bear the cost of disposing of oil waste following a shipping accident if they can be accused of contributing personally to causing the leak of the heavy fuel oil. However, it is also compatible with that provision to limit the liability of the producer of heavy fuel oil and/or the seller and carrier in accordance with the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage, as amended by the Protocol of 1992, and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, as amended by the Protocol of 1992."

Thursday, March 13, 2008

Britain's largest airlines called yesterday for the dismantling of the airports operator BAA and the Civil Aviation Authority, which regulates the country's skies.In an unusual show of unity, the heads of bmi, easyJet, Ryanair and Virgin Atlantic publicly criticised the CAA and its decision to allow BAA to put up landing charges at Heathrow and Gatwick airports. British Airways also called for an overhaul of the regulatory system.The carriers said that the CAA's price settlement would result in Heathrow and Gatwick landing charges increasing by 86 per cent and 49 per cent respectively over the next five years. The airline bosses want BAA, which controls all the main London airports, broken up and even individual terminals sold to new owners.They also want a moratorium on the landing charge increases while they take their case to Ruth Kelly, the Transport Secretary. The airline heads are understood to have arranged a meeting with Mrs Kelly within the next two weeks. BAA has monopoly control of London's three most important airports - Heathrow, Gatwick and Stansted - and the CAA regulates how much passengers can be charged to use these facilities.

Forcing customers to pay for service previously included with ticket purchases, UAL Corp.'s United Airlines and US Airways Group Inc. will begin charging $50 round-trip for checking a second piece of luggage on May 5, and Southwest Airlines Co. has already implemented a similar fee for checking a third bag. Other airlines may follow, eager to collect hundreds of millions of dollars without raising ticket prices.Airlines are under severe financial pressure from high fuel prices, and their finances may worsen if recession curbs some travel. Carriers have been scrambling for ways to "up-sell" fliers, including selling first-class upgrades, fancy alcoholic drinks and day passes to airport clubs.But they've also been stripping out previously free services and charging customers for anything more than basic transportation - everything from use of skycaps and telephone reservationists to on-board meals and, at a few carriers, assigned seats and exit-row or bulkhead legroom.Baggage fees may be different, however. The stiff penalties can add hundreds of dollars to a family vacation, especially if travelers show up at the airport with bags heavier than 50 pounds or larger than the size limit airlines use -- 62 linear inches, the combined measurements of height, length and width.

Florida Attorney General Bill McCollum announced a settlement with Miami-based Royal Caribbean Cruises Ltd. and its subsidiary Celebrity Cruises Inc., in which the cruise lines will refund $21 million worth of fuel surcharges that the companies levied even after travelers booked their vacations.Royal Caribbean and Celebrity customers who were retroactively charged the fuel fee - which added as much as $70 a person to the cost of a cruise - and have already sailed will get full refunds, the Attorney General's Office said. Customers who were retroactively charged but have not yet sailed will get their refunds as on-board spending credits, the office said. The companies must also ensure that future surcharges are disclosed to customers in "clear and conspicuous" terms.The settlements will affect an estimated 300,000 bookings.

Around 400 delegates and international speakers will get together in Kochi from March 21 to March 24 at the Le Meridien International Convention Centre to learn about the latest developments and practices in Responsible Tourism.Speakers from over 20 countries including the UK, Germany, Gambia, South Africa, Malaysia, Sri Lanka and Bhutan will discuss wide-ranging topics like local economic development and poverty reduction, taking responsibility for destination sustainability, travel philanthropy and the role of government – national and local.

Wednesday, March 12, 2008

As stated today by the EU Press Room, "Today the Commission recommended to the Council to open negotiations on an agreement between the European Community and the United States of America regarding certain conditions for access to the United States' Visa Waiver Program (VWP).When adopting the Commission's proposal Vice-President Franco Frattini, Commissioner responsible for Justice, Freedom and Security, said: 'It is our objective to ensure that all EU citizens can travel visa-free to the U.S. We should make sure that Europe shows political and legal solidarity. The recommendation provides for this. It caters for proper EC negotiations with the U.S. on matters arising from our common visa policy.' He added 'I trust this recommendation becomes a further stepping stone in the joint EU-US efforts to find the smartest ways to promote international travel, mobility and exchanges whilst simultaneously providing security for their citizens.'."

Islamic countries from the Asia Pacific region have agreed to form an Asia Pacific Islamic Travel and Tours Federation to “safeguard" the interests of Muslim tourists and travel agents.Representatives from the four founding member countries - Malaysia, Indonesia, Brunei together with ASEAN neighbor Singapore - have agreed to its formation at the recent Bumitra Islamic Tourism Forum 2008 in Kuala Lumpur.

Tuesday, March 11, 2008

Today, the The New Nation published an article by Mohammad Shahidul Islam stating that "Bangladesh has very diverse and distinctive flora and fauna, which include a mixture of species at the Sundarban and Chittagong Hill Tracts. Many of them are unique to Bangladesh and largely unknown to the rest of the world. In fact, numerous globally threatened and endangered species inhabit Bangladesh. Combination of diverse landscapes, unspoiled habitat, and some rare wild plant and animal species have become a subject of growing international attention and conservation efforts. Tourism is always proud of having inherited all resources of environment. Besides all measures, tourism law may effectively come forward to contribute to over all conservation of environment. Deforestation and poaching of birds and animals are a threat to the development of tourism.This is the right time to initiate a long-term plan to develop Bangladesh as an internationally competitive tourist destination supported by mid-term plan to enhance tourism in the region and short-term plan to develop new tourism destinations, products and attractions. And this is time to adopt measures for tourism development through enacting strict tourism law." Read more>>

In a recently published judgement of 29.11.2007 (1 Ob 127/07v) Austrian Supreme Court (OGH) upheld dismissal of a law suit against a restaurant owner lodged by a guest who had received fistcuffs and boot kicks from a waiter after he had left the place without paying because he wouldn't acknowledge the bill.OGH confirmed lower instances' view that the injury was only caused on occasion of the contract but not in execution of same. When smacking the guest in front of the restaurant the waiter therefore had not acted as an auxilary person of the restaurant owner .Anyway, the guest was awarded a compensation of EUR 34.268,06 to be payed by the waiter.

Monday, March 10, 2008

As reported by Phillip Nabyama, at the East African Business Week, "Following Uganda’s successful hosting of the Commonwealth Heads of State (CHOGM) in which the country made substantial strides in tourism publicity and development, the country’s Parliament has passed the much-anticipated Tourism Bill 2007.The Bill which has been in Parliament since 2005, has been sidelined by political issues but also delayed by 'certain bureaucrats opposed to vesting more functions in the Uganda Tourist Board (UTB) (now known as Tourism Uganda (TU)) and changing the board structure to allow the private sector a qualified majority,' according to an industry source." Read more>>

Friday, March 07, 2008

In her opinion regarding case C-173/07 (Emirates Airlines v Schenkel) published 6. March 2008 Advocate General Sharpston came to the following conclusion:Passengers on a return flight from a third country to a Member State are not ‘passengers departing from an airport located in the territory of a Member State’ within the meaning of Article 3(1)(a) of Regulation No 261/2004, and are hence not within the personal scope of that regulation if the operating air carrier of the flight concerned is not a Community carrier, even if the outward and return flights were booked at the same time.Her reasoning is mainly based on interpretation of the wording of the regulation and historical considerations in regard to the legislation process.

Thursday, March 06, 2008

As stated today by the EU Press Room, "The Commission is launching a dialogue with each of the Western Balkan countries on visa liberalisation. It will soon propose road-maps outlining conditions to be met before the visa obligation can be lifted."This Press Release is available in full text.

Wednesday, March 05, 2008

On 11.12.2007 Commercial Court Vienna (Handelsgericht Wien) has lodged another reference for preliminary ruling to European Court of Justice in regard to interpretaion of the term "extraordinary circumstances" in Art. 5 par. 3 of regulation 261/2004.

These are the questions referred:

Are there extraordinary circumstances within the meaning of Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/911, having regard to the 14th recital in the preamble to the regulation, if a technical defect in the aeroplane, in particular damage to the engine, results in the cancellation of the flight, and must the grounds of excuse under Article 5(3) of the regulation be interpreted in accordance with the provisions of Article 19 of the Montreal Convention?

If the answer to the first question is in the affirmative, are there extraordinary circumstances within the meaning of Article 5(3) of Regulation No 261/2004 where air carriers cite technical defects as a reason for flight cancellations with above average frequency, solely on the basis of their frequency?

If the answer to the first question is in the affirmative, has an air carrier taken all 'reasonable measures' in accordance with Article 5(3) of Regulation No 261/2004 if it establishes that the minimum legal requirements with regard to maintenance work on the aeroplane have been met and is that sufficient to relieve the air carrier of the obligation to pay compensation in accordance with Article 5 in conjunction with Article 7 of the regulation?

If the answer to the first question is in the negative, are extraordinary circumstances within the meaning of Article 5(3) of Regulation No 261/2004 cases of force majeure or natural disasters, which were not due to a technical defect and are thus unconnected with the air carrier?

Tuesday, March 04, 2008

Switzerland, Austria and Germany have the most attractive environments for developing the travel and tourism industry, according to the second annual Travel & Tourism Competitiveness Report 2008, released today by the World Economic Forum. Australia, Spain, the United Kingdom, the United States, Sweden, Canada and France complete the top-10 list. The rankings cover 130 countries around the world.Improvements have been made to the Travel & Tourism Competitiveness Index (TTCI) this year. The “environmental regulation” pillar has been revised and improved as well as being re-named the “environmental sustainability” pillar to better reflect its components and to capture the increasingly recognized importance of sustainability in the sector’s development.The TTCI measures the factors and policies that make it attractive to develop the T&T sector in different countries. It is composed of 14 pillars of travel and tourism competitiveness:

This cross-country analysis of the drivers of competitiveness in travel and tourism provides useful comparative information for making business decisions and additional value to governments wishing to improve their travel and tourism environments.

Monday, March 03, 2008

The 2009 ASEAN Tourism Forum (ATF 2009) and ASEAN Tourism Ministers' Meeting will take place in Ha Noi from January 5-12, 2009.The event will include a meeting of tourism working groups with experts and senior officials of tourism agencies of ASEAN countries; a meeting between ASEAN Tourism Agencies, ASEAN and partners; ASEAN Tourism Ministers meeting, ASEAN and partners.